# AFFARS PART 5325Foreign Acquisition

AFFARS LIBRARY

- PART 5325
  Foreign Acquisition

- SUBPART 5325.1 — BUY AMERICAN ACT - SUPPLIES

- 5325.103 Exceptions.

- SUBPART 5325.8 — OTHER INTERNATIONAL AGREEMENTS AND COORDINATION

- 5325.870 Contracting with Canadian contractors.

- SUBPART 5325.10 — ADDITIONAL FOREIGN ACQUISITION REGULATIONS

- 5325.1001 Waiver of Right to Examination of Records.
- 5325.1002 Use of Foreign Currency.

- SUBPART 5325.70 — AUTHORIZATION ACTS, APPROPRIATIONS ACTS, AND OTHER STATUTORY RESTRICTIONS ON FOREIGN ACQUISITION

- 5325.7002 Restrictions on food, clothing, fabrics, specialty metals, and hand or measuring tools. (No Text)

- 5325.7002-2 Exceptions.

AFFARS LIBRARY
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| PART 5325 Foreign Acquisition [Revised August 23, 2007] |

SUBPART 5325.1 — BUY AMERICAN ACT - SUPPLIES

5325.103 Exceptions.

Follow the Mandatory Procedures at MP5325.103 when a determination of nonavailability is required by FAR 25.103 and DFARS 225.103.

SUBPART 5325.8 — OTHER INTERNATIONAL AGREEMENTS AND COORDINATION

5325.870 Contracting with Canadian contractors.

Follow the Mandatory Procedures at MP5325.870 when contemplating a research contract with educational institutions of Canada.

SUBPART 5325.10 — ADDITIONAL FOREIGN ACQUISITION REGULATIONS

5325.1001 Waiver of Right to Examination of Records.

Follow the Mandatory Procedures at MP5325.1001 when requesting use of FAR 52.215-2 with its Alternate III.

5325.1002 Use of Foreign Currency.

The contracting officer shall insert the provision at AFFARS 5352.225-9004, Submission of Offers in other than United States Currency, when offers are given a choice of submitting offers in United States dollars or in a currency other than United States dollars. When purchase requests and contracts are expressed in foreign currency, the rate of exchange to be used in determining any applicable acquisition thresholds and authorities will be the current Foreign Currency Fluctuation Defense (FCFD) budget rate for the applicable currency.

SUBPART 5325.70 — AUTHORIZATION ACTS, APPROPRIATIONS ACTS, AND OTHER STATUTORY RESTRICTIONS ON FOREIGN ACQUISITION

5325.7002 Restrictions on food, clothing, fabrics, specialty metals, and hand or measuring tools. (No Text)
5325.7002-2 Exceptions.

Follow the Mandatory Procedures at MP5325.7002-2 when purchasing restricted food, clothing, fabrics, specialty metals or hand and measuring tools.

(a) When the contracting officer determines, through market research, that an article or suitable substitute is not available from a domestic source the contracting officer shall submit a determination and finding (D&F) following the format in the Mandatory Procedures at MP5325.7002-2, Addendum 1. The D&F, including the market research report shall be coordinated through SAF/AQCK, for approval by the Secretary of the Air Force. The authority of the Secretary of the Air Force to make determinations in accordance with DFARS 225.7002-2 is not delegable.

(b) When the contracting officer determines, through market research, that a specialty metal melted or produced in the United States or its possessions cannot be procured in satisfactory quality and sufficient quantity, and in the required form, as and when needed, they shall follow the format in the Mandatory Procedures MP5325.7002-2, Addendum 2, when submitting a request for Domestic Nonavailability Determination (DNAD). The DNAD shall include a discussion of circumstances, detailed market research, alternatives considered, in-depth market analysis submitted by the prime contractor, government validation of contractor’s analysis, and certification by the requiring activity. The DNAD shall be coordinated through SAF/AQCK for approval by the Secretary of the Air Force. Contracting officers have no authority to award contracts containing non-compliant specialty metals in the absence of an approved DNAD or an exception on all contracts awarded after November 16, 2006. However, if an award is anticipated while a DNAD is in process, the Contracting Officer may conditionally award the contract (MP5325.7002-2, Paragraph 2c). If the DNAD is not approved, the contractor must deliver compliant products. The authority of the Secretary of the Air Force to make determinations in accordance with DFARS 225.7002-2 is not delegable.